Your Arrest and Detention Rights and Processes
Arrest and detention are two practices that mean restriction of freedom and have a clearly defined legal framework because they are a sensitive issue. In this article, we will examine in detail the differences between arrest and detention, the rights you have during these procedures, and the functioning of both processes.
Differences Between Arrest and Detention
Decision Maker: While an arrest warrant can only be issued by a judge, a detention warrant can also be issued by a public prosecutor or police chief.
Duration: While a maximum of 24 hours can be spent in detention without an arrest warrant, this period can be extended with an arrest warrant.
Reason: While an arrest is made for more serious reasons such as strong suspicion of a crime or the risk of evidence being destroyed or tampered with, detention can be made in cases such as red-handed or attempted crime, or to collect evidence as part of an investigation.
Your Rights During Arrest and Detention
Right to Remain Silent: When you are detained or arrested, you have the right to remain silent. This right means your right to prevent your statement from being used against you.
Right to a Lawyer: You have the right to see a lawyer when you are detained or arrested. Your lawyer can inform you about your rights and defend you.
Right to a Doctor: You have the right to be examined by a doctor when you are detained or arrested.
Right to Inform Your Family: You have the right to inform your family when you are detained or arrested.
Right to an Interpreter: If you speak a foreign language, you have the right to see an interpreter.
Arrest and Detention Process
Detention
If a police officer catches you red-handed or attempting to commit a crime, or if there is strong suspicion that you have committed a crime, they can detain you.
You must be informed of your identity and the reason for your detention when you are detained.
The detention period cannot exceed 24 hours. At the end of the 24-hour period, you must be brought before a judge.
Arrest
A judge must issue an arrest warrant.
The arrest warrant must be in writing and must include justification.
The arrest warrant must be notified to you and you must be allowed to meet with your lawyer.
The detention period may be extended depending on the type of crime.
